چنانچه دیوان حکمیت تشخیص دهد که بریتانیای کبیر در انجام هر یک از وظایف مذکور کوتاهی کرده است و مبلغی مقطوع (یکجا) تعیین نکند، طرفینِ متعاهد توافق میکنند که هیئتی از ارزیابان برای تعیین و تشخیص دعاوی معتبر و همچنین تعیین مبلغ یا مبالغی که بریتانیای کبیر باید بابت مسئولیت ناشی از چنین کوتاهیای به ایالات متحده بپردازد (برای هر کشتی و متناسب با میزان مسئولیت تعیینشده توسط داوران)، منصوب گردد.
In case the tribunal finds that Great Britain has failed to fulfill any duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the arbitrators. The board of assessors shall be constituted as follows: One member thereof shall be named by the President of the United States; one member thereof shall be named by Her Britannic Majesty; and one member thereof shall be named by the representative at Washington of His Majesty the King of Italy; and in case of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall severally subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Government, as counsel or agent. A majority of the assessors in each case shall be sufficient for a decision. The decision of the assessors shall be given upon each claim in writing, and shall be signed by them respectively and dated. Every claim shall be presented to the assessors within six months from the day of their first meeting, but they may, for good cause shown, extend the time for the presentation of any claim to a further period not exceeding three months. The assessors shall report to each Government at or before the expiration of one year from the date of their first meeting the amount of claims decided by them up to the date of such report; if further claims then remain undecided, they shall make a further report at or before the expiration of two years from the date of such first meeting; and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of the United States, and one copy thereof to the representative of Her Britannic Majesty at Washington. All sums of money which may be awarded under this article shall be payable at Washington, in coin, within twelve months after the delivery of each report. The board of assessors may employ such clerks as they shall think necessary. The expenses of the board of assessors shall be borne equally by the two governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the board. The remuneration of the assessors shall also be paid by the two governments in equal moieties in a similar manner. Article XI.